2018 Ohio 26
Ohio Ct. App.2018Background
- Childers pled guilty in 2014 to six counts (two burglary, four breaking and entering) and was sentenced to an aggregate 16 years with restitution.
- The case was appealed; this Court remanded for re-sentencing to address lack of R.C. 2929.14(C)(4) findings.
- After remand, Childers moved to withdraw his guilty plea; the trial court denied the motion before resentencing.
- At re-sentencing, the State presented detailed facts for all counts; the court considered discovery and Childers’s sentencing memorandum.
- The court re-imposed a 14-year aggregate term (seven years per burglary counts, 11 months per B&Es) with increased restitution; Childers timely appealed claiming three errors.
- This appeal challenges (1) jurisdiction/availability of Crim.R. 32.1 withdrawal, (2) correctness of consecutive-sentence findings, and (3) ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to rule on Crim.R. 32.1 motion | Childers asserts trial court could address withdrawal post-appeal | State contends remand or res judicata bars the issue | Trial court lacked jurisdiction or res judicata bars posture; issue overruled |
| Whether consecutive sentences were properly supported by findings | State argues proper findings were made at re-sentencing | Childers contends findings were insufficient or not supported | Record supports the R.C. 2929.14(C)(4) findings; consecutive sentences affirmed |
| Whether counsel was ineffective | Childers contends ineffective assistance of counsel | Counsel negotiated judicial release; not ineffective | Counsel not deficient; no prejudice shown; third assignment overruled |
Key Cases Cited
- State v. Offenberger, 4th Dist. Washington No. 06CA22, 2007-Ohio-2551 (Ohio (2007)) (clear and convincing standard for review of sentencing findings; deferential to trial court)
- Bonnell, 140 Ohio St.3d 209, 2014-Ohio-3177 (Ohio Supreme (2014)) (requirements for independent reviewing of consecutive-sentence findings; separate and distinct criteria)
- State v. Bever, 4th Dist. Washington No. 13CA21, 2014-Ohio-600 (Ohio (2014)) (three-step analysis for consecutive sentences; risk and proportionality factors)